Request Court Order Small Claims

Cal. Super. - 6th Dist.April 9, 2020

i? _.'\; Request This form is used to ask thc court to make an order before 0r after the trial in a small claims case. The ceun will notify all plaintiffs and defendants in this case about its decision by mail. at the trial, 0r at a hearing (depending on when the request is filed). If you are the person asking the court to make an order, ask the Small Claims Adviser ifthis is the right form for the kind of order you want. If so, follow these steps: - Fill out page l ofthis form and file it at the clerk’s office. - Ifyou are making this request before your trial, you must mail (or deliver in person) a copy ofthis form t0 all other plaintiffs and defendants in your case. Exception: Iflhe plaintiff‘s claim has not been served, you do not have to serve this request on the other plaintiffs and defendants in your case. - Ifyou are making this request after thejudge has decided your case, the clerk will mail a copy ofthis form to all other plaintiffs and defendants in your case. The court will give the other plaintiffs and defendants at least 10 - days IQ ansawer this Requesl. If you feceive this form, read below, then fill out®-.on page 2. ® The person asking the court to make an order is: Name; Santa Clara County Federal Credit Union Address; 1641 North First Street Suite 170. San Jose. CA 951 12 Check one: D A defendant in this case A plaintiff in this case D Othcr (explain): Request for Court Order and Answer (Small Claims) Clerk stamps dare here when form is filed. Superior I BY ~ , _ V WLFW Fill in court name and street address: Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 95] 13 Fill in your case number and case name below: Case Number: 208C083447 Case Name: Santa Clara County Federal CU vs. Maria A Balderas-Vasquez ® AddressN a. figreia A Balderas-Vasquez PO Box 1124 San Jose, CA 95 b. Notice t0: (List names and addresses ofall other defendants andplaimlfls in your case.) 108 C. D Check here [fyou need more space. Use Form MC-03] 0r a plain sheer ofpaper. H’I'ife "SC-105, Item 2" on lop. Ifyour request is made before the trial and aficr the claim was served, fill out below: I mailed D deliveredin person l ask the court to make the following order (specim: Remove the court's request/order that we re-serve the defendants and a copy ofthis form to everyone listed in © 0n (dare): 1 1/12/2020 notice thedefendant by mail of the contmued court date 0t 1/3/20; l. Check here ifyou need more space. Use Form MC-03 I 0r a plain sheer ofpaper. Write "SC-IOJ'. Item 3 " cm (0p. l ask for this order because (expim‘n and givefacts ofyour case here): The court has mistakenly asked us l0 re-serve the defendant. This correction is needed due to the fact there ls no need to re-serve the defendant. lhe defendant has already been served. We had only asked the CGUIT [0f a pOSEPOnEiHEHI due [6 [he lnfibllfly OI a 3m“ memhcr [6 anend COLIN due [0 E1 tam”? CiiiEI‘genC)’. holds a hearing, the evidence presented at that hearing. true and correct. Date: 11/] 2/2020 Michael Van Winkle ?jrpe 0r prim your name Jud'udal Councfl of Caflfomia, wwmutthlacagov Revised January 1, 2007, OptusnaJ Pom Coda of GMT Procedure, §§ 11B. 130m); Cai-fomia Rules of Coon. rule 3 2107 (Small Claims) D Check here {fyou need more space. Use Form MC-03I 0r a plain sheet ofpuper. Write "SC-1'05, Item 4"0n (0p. In making its order, I ask the court to consider thc information 0n this form, any records on file, and. it" the court I declare under penalty of perjury under California state law that the infomation above and on all attachments is ’4’”.c/;4&p {/M wH/I/LL Sign your name Request for Court Order and Answer SC-1 05. Page 1 of 2 .9Amefimn LegalNeL Inc. www.FonnsWorkflow.com ‘3 SC-1 05 Answer The person listed in® on page l 0fthis form has asked the court t0 make an order in your small claims case. (Small Claims) Follow these steps to tel] the court what you want to do about this rcqucst: 0 Read page l to sec what the person in® is asking for. - Fin out ®-. below. - Mail your completed form to the court right away. - Mail a copy ofthis form to each plaintifTand defendant listed in© and ® 0n page l ofthis form. The coun will mail its decision to all plaintiffs and defendants in this case or will make a decision at a court hearing 0r trial. Ifyou do nothing, the court may make the order without hearing fTom you. ® The person filing this answer is: Name: Address: Check one: A defendant in this case D A plaintiffin this case Tell the court what you want to do about this request. (Check all that apply).- a. D l agree t0 the order requested in® b. D I d0 not agree to the order requested in ©. (Explain below.) Request for Court Order and Answer Clerk stamps date here when form is filed. Fill in court name and street address: Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 951 13 Fm in your case number and case name below. Case Num ber: 208C083447 Case Name: Santa Clara County Federal CU vs. Maria A Balderas-Vasquez D Check here {fyou ncedmore space. Use Form MC-031 or a plain sheet ofpaper. Write "SC-IO5, hem 8"on top. c.D I ask the court to have a hearing to decide this matter. true and correct. Date: b Type 0rprimyour name Need help? For free help, contact your county’s Small Claims Advisor: I mailed a copy 0fthis form to everyone listed in G) and® ofthis form on (dale): I declare under penalty 0f perjury under California state law that the information above and on all attachments is Sign your name [frhe request on page I was made after (he hearing, (he clerkfills 0m below. -- Clerk’s Certificate of Mailing- I certify that l am n01 involved in ibis case and (check one): D A Certificate ofMailing is attached. Or, g0 to "County-Specific Court Information" at www. courfirfo.ca.g0v/sel/heIp/smallclaims D The Requesifor Cour: Order and Answ ’r was mailed first class, postage paid. to all parties at the addresses listed in . On (dale): From (city: Clerk, by , California , Deputy Remsed January 1,2007 (Small Claims) Request for Court Order and Answer SC-1 05. Page 2 of 2 ‘1 MC-031 __ PLAINTIFFIPETmONER; Santa Clara County Federal Credit Union CASE NUMBER: 208C083447DEFENDANTIRESPONDENT: Maria A Balderas-Vasquez DECLARATION (This form must be attached to another form or court paper before it can be filed in court.) SC-lOS, Item 3 Our credit union representative appeared in court to have this case continued due to the unforeseen family emergency of the credit union representative that was t0 appear for the trial. The pro-tem mistakenly told our representative that we needed t0 have this case re-served, apparently because the pro-tem was confused about the service. Our office filed not only the Proof 0f Service but a previous "Declaration ofNon-Service' and perhaps this was the reason for the confusion. The declaration ofNon-Scrvice was filed so that we could recover our process serving costs associated with the obsolete address for the defendant. As to the process services, here are the events as they happened, and this is clearly indicated on the Declaration ofNon Service and the Proof of Service when the defendant was served. 1) Service was attempted at 131 12 Pfeifle Ave, San Jose, CA 951 1 1. This turned out t0 be a bad address. 2) We did not have enough time to locate the new address and serve the defendant. so we requested and was granted a continuance on 8/24/2020. Our new court date was set for 11/2/2020. 3) We located a business address for Maria and she was sub served at 70 West Hedding, 8th Floor, San Jose, CA 951 10 0n 9/ l 8/2020. Due t0 her work detail, work description and Covid restrictions she was not able t0 be personally served so the process server sub served the complaint as allowed by California Civil Procedure Section 415.20, "In lieu 0f personal delivery 0f a copy of the summons and complaint to the person t0 be served as specified in Section 41 6.10, 416.20, 416.30, 416.40, 0r 416.50, a summons may be served by leaving a copy of the summons and complaint during usual office hours in his or her office or, if no physical address is known, at his or her usual mailing address". The defendant was properly served, all that was needed was a continuance which we received, however there is no need or requirement to re-serve a defendant that has already been lawfully served. This only brings unnecessary costs to the plaintiff and ultimately to the defendant. Please leave the continuance date of 1/05/2021, and notice the defendant by mail 0f the continued court date. This would be the normal procedure for the court. We patiently await the court's response. Thank you. I declare under penalty of perjury under the laws ofthe State of California that the foregoing is true and correct. Date: 1 1/1 2/2020 Michael Van Winke ml a QA4d MW Zv/I WV/rfi (TYPE OR PRlNT NAME) (SlGNATURE 0F DECLARANT) D Attorney for Plaintiff D Petitioner D Defendant D Respondent D Other(Specify): Form o odfor Optkonal U Mgfi%;m,orcmma‘° ATTACHED DECLARATION MC-031 [Rem July 1. 2005] Page 1 DH American chalNal. Ina; www.USCourlFonns com